The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.

B. Prosecutor 1) Fact-misunderstanding (as to the injury caused by a dangerous driving), the Defendant is guilty of causing bodily injury resulting from a dangerous driving, since the instant accident occurred while normal driving is difficult due to influence of drinking, and thus, the Defendant caused the injury to the victim.

Nevertheless, the judgment of the court below that acquitted this part of the facts charged is erroneous in the misconception of facts.

2) The sentence of the lower court’s improper sentencing is too minor.

2. Determination

A. The Prosecutor’s assertion that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by the death or injury caused by a dangerous driving) is different from the crime of violation of the Road Traffic Act, the crime is a situation in which the driver is in a situation where normal driving is practically difficult due to the influence of drinking, regardless of whether the driver exceeds the statutory minimum level of alcohol level in the blood alcohol level, and is difficult to drive normally due to the influence of drinking.

The term "motor vehicle" means a situation in which it is generally difficult to drive a motor vehicle due to the traffic conditions on the road and the performance, etc. of the driver's vehicle, that is, the driver is unable to fulfill his/her duty of care required for driving under the Road Traffic Act because he/she is remarkably under the influence of alcohol or is unable to fulfill his/her duty of care required for driving under the Road Traffic Act, or is unable to abide by the mechanical operation method, such as the steering gear and brake that are essential for driving of the motor vehicle.

In addition, the issue of whether there is such a situation is not only the driver's driving level, but also alcohol smell, whether it can be walked equally, whether it can be walked immediately, such as the driver's behavior before and after the traffic accident, the situation of the driver such as the situation of the traffic accident and the circumstances of the traffic accident, the degree that the driver's ability to exercise the state of the traffic situation is lowered, and whether the driver's operation of the vehicle driving system has been properly operated.